Non compete /conflict of interest freelancing vs job

[Luckydog7]

I have posted a similar thread in Employment but wanted to post here as well.

I want to freelance with a company but i am currently employed part time elsewhere with a non compete clause and trying to find out if this would be reasonable grounds for my employer to refuse permission to take on this extra work.

When i applied for my current role it was for a full time role but they offered me part time (off their own back) in order to allow me to continue with private work if i wanted to. This is the first time the issue has arisen as i have not had any other work.

My currently employer is a landscaper where I do technical drawing and 3d work. including some design.

The new company designs and builds timber buildings and playgrounds.

The landscaping company doesn't build anything similar but would employ an outside contractor to do the same (and they have used the new company for this in the past)

I have already spoken to my employer to keep him in the loop and he has yet to confirm or refuse, mostly waiting for more info i think. The new job would be remote and flexible and would fit around my current role and not effect it at all. There is an argument for me to say it could be a good thing for both companies as an opportunity to pass work on in both directions.

I am concerned that my employer will refuse and not for any real concrete reason but just because they don't want me to. Would they need to justify this?

Thanks for any help.

[purpleplatypus2022]

Technically, if it's your contract, then they can refuse point blank.

Then you'd have to decide if you follow that, or go ahead and do the freelance anyway. Of course if your main job ever found out you'd likely get a disciplinary at best, or be fired at worst.

I had the same issue once but as the two clients were in different countries I took the risk as it was highly unlikely they'd ever find out. However your employer seem to be aware you've been considering it so they might be watching you behind the scenes.